City man convicted in MV homicide allegedly drove without license

LOWELL -- A Lowell man who pleaded guilty to motor-vehicle homicide for racing on the Lowell Connector, triggering a 2005 crash that killed Debra Hornberger and her unborn son, could return to jail after he was allegedly caught driving without a license.

Angel Nieves, 32, was arrested March 8 by Lowell police on charges of operating after suspension while still on probation for motor-vehicle homicide.

After serving five years in jail, Nieves is still on five years probation for his 2006 plea to motor-vehicle homicide (two counts) and racing a motor vehicle.

Nieves, who was driving with a suspended license at the time of the crash, received a mandatory 15-year loss of license.

Nieves also pleaded guilty to two counts of operating a motor vehicle with a revoked license as a habitual traffic offender, but those charges are pending.

Since his initial probation-violation hearing March 11 in Lowell Superior Court, Nieves has been held without bail pending a final probation-surrender hearing.

In Lowell Superior Court on Thursday, Judge Heidi Brieger scheduled a March 27 probation hearing for Probation Officer Greg Carbonello to call witnesses to substantiate the new charge.

Defense attorney Joanne Daley, who represents Nieves, said she will call witness to try to mitigate any possible punishment, specifically how Nieves is trying to hold down a job and take care of his children.

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If Nieves is found in violation, the judge can send him to back to jail.

On the night of the Nov. 3, 2005, crash, Brant Hornberger was at his Leominster home waiting for his wife, 31, to return from her prenatal yoga class. Instead, police were at Hornberger's door in Leominster delivering the devastating news.

At about 5 p.m. that night, Carlos Rodriguez, then 19, was racing Nieves inbound on the Lowell Connector. The pair were weaving between rush-hour traffic at speeds of up to 92 mph when Rodriguez lost control of his Acura Integra.

The Integra veered into the median, flipped and went airborne into the outbound lane, hitting a Toyota Camry and then crushing the driver's side of Deborah Hornberger's Subaru Legacy.

The driver of the Camry, 38-year-old Oun Choun of Dracut, escaped with minor injuries.

Deborah Hornberger was killed. Her son, delivered by C-section, also died.

Together for 13 years, the married couple had discovered on Mother's Day 2005 that she was pregnant with their first child, a son, whom they planned to name Samuel.

The next night they had been planning to drive to Pennsylvania for a family baby shower at her parents' house. The house was already decorated and gifts were wrapped.

Rodriguez, who had no criminal record, pleaded guilty to involuntary manslaughter, motor-vehicle homicide by reckless operation and racing a motor vehicle.

He was sentenced to a total of five years in jail followed by five years probation.

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